I 

116TH CONGRESS 

1ST SESSION H. R. 3066 

To amend title 14, United States Code, to make certain changes to Coast 

Guard personnel programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 3, 2019 

Mrs. FLETCHER introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To amend title 14, United States Code, to make certain 

changes to Coast Guard personnel programs, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Supporting Our Coast 

5 Guard Members Act of 2019’’. 

6 SEC. 2. AUTHORITY FOR OFFICERS TO OPT OUT OF PRO7 MOTION BOARD CONSIDERATION. 

8 (a) ELIGIBILITY OF OFFICERS FOR CONSIDERATION

9 FOR PROMOTION.—Section 2113 of title 14, United States 

10 Code, is amended by adding at the end the following: 


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1 ‘‘(g)(1) Notwithstanding subsection (a), the Com2 mandant may provide that an officer may, upon the offi3 cer’s request and with the approval of the Commandant, 

4 be excluded from consideration by a selection board con5 vened under section 2106(a). 

6 ‘‘(2) The Commandant shall approve a request under 

7 paragraph (1) only if— 

8 ‘‘(A) the basis for the request is to allow the of9 ficer to complete a broadening assignment, advanced 

10 education, another assignment of significant value to 

11 the Coast Guard, a career progression requirement 

12 delayed by the assignment or education, or a quali13 fying personal or professional circumstance, as de14 termined by the Commandant; 

15 ‘‘(B) the Commandant determines the exclusion 

16 from consideration is in the best interest of the 

17 Coast Guard; and 

18 ‘‘(C) the officer has not previously failed of se19 lection for promotion to the grade for which the offi20 cer requests the exclusion from consideration.’’. 

21 (b) ELIGIBILITY OF RESERVE OFFICER FOR PRO22 MOTION.—Section 3743 of title 14, United States Code, 

23 is amended to read as follows: 


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1 ‘‘§ 3743. Eligibility for promotion 

2 ‘‘(a) IN GENERAL.—Except as provided in subsection 

3 (b), a Reserve officer is eligible for consideration for pro4 motion and for promotion under this subchapter, if that 

5 officer is in an active status. 

6 ‘‘(b) EXCEPTION.—A Reserve officer who has been 

7 considered but not recommended for retention in an active 

8 status by a board convened under subsection 3752(a) of 

9 this title, is not eligible for consideration for promotion. 

10 ‘‘(c) REQUEST FOR EXCLUSION.— 

11 ‘‘(1) IN GENERAL.—The Commandant may pro12 vide that an officer may, upon the officer’s request 

13 and with the approval of the Commandant, be ex14 cluded from consideration by a selection board con15 vened under section 3740(b) of this title to consider 

16 officers for promotion to the next higher grade. 

17 ‘‘(2) APPROVAL OF REQUEST.—The Com18 mandant shall approve a request under paragraph 

19 (1) only if— 

20 ‘‘(A) the basis for the request is to allow 

21 an officer to complete a broadening assignment, 

22 advanced education, another assignment of sig23 nificant value to the Coast Guard, a career pro24 gression requirement delayed by the assignment 

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1 sional circumstance, as determined by the Com2 mandant; 

3 ‘‘(B) the Commandant determines the ex4 clusion from consideration is in the best inter5 est of the Coast Guard; and 

6 ‘‘(C) the officer has not previously failed of 

7 selection for promotion to the grade for which 

8 the officer requests the exclusion from consider9 ation.’’. 

10 SEC. 3. TEMPORARY PROMOTION AUTHORITY FOR OFFI11 CERS IN CERTAIN GRADES WITH CRITICAL 

12 SKILLS. 

13 (a) IN GENERAL.—Chapter 21 of title 14, United 

14 States Code, is amended by inserting after section 2129 

15 the following: 

16 ‘‘§ 2130. Promotion to certain grades for officers with 

17 critical skills: captain, commander, lieu18 tenant commander, lieutenant 

19 ‘‘(a) IN GENERAL.—An officer in the grade of lieu20 tenant (junior grade), lieutenant, lieutenant commander, 

21 or commander, who is described in subsection (b) may be 

22 temporarily promoted to the grade of lieutenant, lieuten23 ant commander, commander, or captain under regulations 

24 prescribed by the Secretary. Appointments under this secVerDate Sep 11 2014 20:02 Jun 25, 2019 Jkt 034408 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3066.IH H3066

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1 tion shall be made by the President, by and with the advice 

2 and consent of the Senate. 

3 ‘‘(b) COVERED OFFICERS.—An officer described in 

4 this subsection is any officer in a grade specified in sub5 section (a) who— 

6 ‘‘(1) has a skill in which the Coast Guard has 

7 a critical shortage of personnel (as determined by 

8 the Secretary); and 

9 ‘‘(2) is serving in a position (as determined by 

10 the Secretary) that— 

11 ‘‘(A) is designated to be held by a lieuten12 ant, lieutenant commander, commander, or cap13 tain; and 

14 ‘‘(B) requires that an officer serving in 

15 such position have the skill possessed by such 

16 officer. 

17 ‘‘(c) PRESERVATION OF POSITION AND STATUS OF

18 OFFICERS APPOINTED.— 

19 ‘‘(1) The temporary positions authorized under 

20 this section shall not be counted among or included 

21 in the list of positions on the active duty promotion 

22 list. 

23 ‘‘(2) An appointment under this section does 

24 not change the position on the active-duty list or the 

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1 ficer so appointed, prejudice the officer in regard to 

2 other promotions or appointments, or abridge the 

3 rights or benefits of the officer. 

4 ‘‘(d) BOARD RECOMMENDATION REQUIRED.—A tem5 porary promotion under this section may be made only 

6 upon the recommendation of a board of officers convened 

7 by the Secretary for the purpose of recommending officers 

8 for such promotions. 

9 ‘‘(e) ACCEPTANCE AND EFFECTIVE DATE OF AP10 POINTMENT.—Each appointment under this section, un11 less expressly declined, is, without formal acceptance, re12 garded as accepted on the date such appointment is made, 

13 and a member so appointed is entitled to the pay and al14 lowances of the grade of the temporary promotion under 

15 this section beginning on the date the appointment is 

16 made. 

17 ‘‘(f) TERMINATION OF APPOINTMENT.—Unless soon18 er terminated, an appointment under this section termi19 nates— 

20 ‘‘(1) on the date the officer who received the 

21 appointment is promoted to the permanent grade of 

22 lieutenant, lieutenant commander, commander, or 

23 captain; 

24 ‘‘(2) on the date the officer is detached from a 

25 position described in subsection (b)(2), unless the ofVerDate Sep 11 2014 20:02 Jun 25, 2019 Jkt 034408 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3066.IH H3066

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1 ficer is on a promotion list to the permanent grade 

2 of lieutenant, lieutenant commander, commander, or 

3 captain, in which case the appointment terminates 

4 on the date the officer is promoted to that grade; or 

5 ‘‘(3) when the appointment officer determines 

6 that the officer who received the appointment has 

7 engaged in misconduct or has displayed substandard 

8 performance. 

9 ‘‘(g) LIMITATION ON NUMBER OF ELIGIBLE POSI10 TIONS.—An appointment under this section may only be 

11 made for service in a position designated by the Secretary 

12 for the purposes of this section. The number of positions 

13 so designated may not exceed the following percentages 

14 of the respective grades: 

15 ‘‘(1) As lieutenant, 0.5 percent. 

16 ‘‘(2) As lieutenant commander, 3.0 percent. 

17 ‘‘(3) As commander, 2.6 percent. 

18 ‘‘(4) As captain, 2.6 percent.’’. 

19 (b) CLERICAL AMENDMENT.—The analysis at the be20 ginning of such chapter is amended by adding at the end 

21 the following new item: 

‘‘2130. Promotion to certain grades for officers with critical skills: captain, commander, lieutenant commander, lieutenant.’’. 


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1 SEC. 4. CAREER INTERMISSION PROGRAM. 

2 (a) IN GENERAL.—Subchapter I of chapter 25 of title 

3 14, United States Code, is amended by adding at the end 

4 the following: 

5 ‘‘§ 2514. Career flexibility to enhance retention of 

6 members 

7 ‘‘(a) PROGRAMS AUTHORIZED.—The Commandant 

8 may carry out a program under which members of the 

9 Coast Guard may be inactivated from active service in 

10 order to meet personal or professional needs and returned 

11 to active service at the end of such period of inactivation 

12 from active service. 

13 ‘‘(b) PERIOD OF INACTIVATION FROM ACTIVE SERV14 ICE; EFFECT OF INACTIVATION.— 

15 ‘‘(1) IN GENERAL.—The period of inactivation 

16 from active service under a program under this sec17 tion of a member participating in the program shall 

18 be such period as the Commandant shall specify in 

19 the agreement of the member under subsection (c), 

20 except that such period may not exceed three years. 

21 ‘‘(2) EXCLUSION FROM YEARS OF SERVICE.— 

22 Any service by a Reserve officer while participating 

23 in a program under this section shall be excluded 

24 from computation of the total years of service of 

25 that officer pursuant to section 14706(a) of title 10. 


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1 ‘‘(3) EXCLUSION FROM RETIREMENT.—Any pe2 riod of participation of a member in a program 

3 under this section shall not count toward— 

4 ‘‘(A) eligibility for retirement or transfer 

5 to the Ready Reserve under either chapter 571 

6 or 1223 of title 10; or 

7 ‘‘(B) computation of retired or retainer 

8 pay under chapter 71 or 1223 of title 10. 

9 ‘‘(c) AGREEMENT.—Each member of the Coast 

10 Guard who participates in a program under this section 

11 shall enter into a written agreement with the Commandant 

12 under which that member shall agree as follows: 

13 ‘‘(1) To accept an appointment or enlist, as ap14 plicable, and serve in the Coast Guard Ready Re15 serve during the period of the inactivation of the 

16 member from active service under the program. 

17 ‘‘(2) To undergo during the period of the inac18 tivation of the member from active service under the 

19 program such inactive service training as the Com20 mandant shall require in order to ensure that the 

21 member retains proficiency, at a level determined by 

22 the Commandant to be sufficient, in the military 

23 skills, professional qualifications, and physical readi24 ness of the member during the inactivation of the 

25 member from active service. 


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1 ‘‘(3) Following completion of the period of the 

2 inactivation of the member from active service under 

3 the program, to serve two months as a member of 

4 the Coast Guard on active service for each month of 

5 the period of the inactivation of the member from 

6 active service under the program. 

7 ‘‘(d) CONDITIONS OF RELEASE.—The Commandant 

8 shall prescribe regulations specifying the guidelines re9 garding the conditions of release that must be considered 

10 and addressed in the agreement required by subsection 

11 (c). At a minimum, the Commandant shall prescribe the 

12 procedures and standards to be used to instruct a member 

13 on the obligations to be assumed by the member under 

14 paragraph (2) of such subsection while the member is re15 leased from active service. 

16 ‘‘(e) ORDER TO ACTIVE SERVICE.—Under regula17 tions prescribed by the Commandant, a member of the 

18 Coast Guard participating in a program under this section 

19 may, in the discretion of the Commandant, be required 

20 to terminate participation in the program and be ordered 

21 to active service. 

22 ‘‘(f) PAY AND ALLOWANCES.— 

23 ‘‘(1) BASIC PAY.—During each month of par24 ticipation in a program under this section, a member 

25 who participates in the program shall be paid basic 


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1 pay in an amount equal to two-thirtieths of the 

2 amount of monthly basic pay to which the member 

3 would otherwise be entitled under section 204 of title 

4 37 as a member of the uniformed services on active 

5 service in the grade and years of service of the mem6 ber when the member commences participation in 

7 the program. 

8 ‘‘(2) SPECIAL OR INCENTIVE PAY OR BONUS.— 

9 ‘‘(A) PROHIBITION.—A member who par10 ticipates in such a program shall not, while par11 ticipating in the program, be paid any special 

12 or incentive pay or bonus to which the member 

13 is otherwise entitled under an agreement under 

14 chapter 5 of title 37 or section 1925 of this title 

15 that is in force when the member commences 

16 participation in the program. 

17 ‘‘(B) NOT TREATED AS FAILURE TO PER18 FORM SERVICES.—The inactivation from active 

19 service of a member participating in a program 

20 shall not be treated as a failure of the member 

21 to perform any period of service required of the 

22 member in connection with an agreement for a 

23 special or incentive pay or bonus under chapter 

24 5 of title 37 that is in force when the member 

25 commences participation in the program. 


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1 ‘‘(3) RETURN TO ACTIVE SERVICE.— 

2 ‘‘(A) SPECIAL OR INCENTIVE PAY OR

3 BONUS.—Subject to subparagraph (B), upon 

4 the return of a member to active service after 

5 completion by the member of participation in a 

6 program— 

7 ‘‘(i) any agreement entered into by 

8 the member under chapter 5 of title 37 for 

9 the payment of a special or incentive pay 

10 or bonus that was in force when the mem11 ber commenced participation in the pro12 gram shall be revived, with the term of 

13 such agreement after revival being the pe14 riod of the agreement remaining to run 

15 when the member commenced participation 

16 in the program; and 

17 ‘‘(ii) any special or incentive pay or 

18 bonus shall be payable to the member in 

19 accordance with the terms of the agree20 ment concerned for the term specified in 

21 clause (i). 

22 ‘‘(B) LIMITATION.— 

23 ‘‘(i) IN GENERAL.—Subparagraph (A) 

24 shall not apply to any special or incentive 

25 pay or bonus otherwise covered by that 


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1 subparagraph with respect to a member if, 

2 at the time of the return of the member to 

3 active service as described in that subpara4 graph— 

5 ‘‘(I) such pay or bonus is no 

6 longer authorized by law; or 

7 ‘‘(II) the member does not satisfy 

8 eligibility criteria for such pay or 

9 bonus as in effect at the time of the 

10 return of the member to active serv11 ice. 

12 ‘‘(ii) PAY OR BONUS CEASES BEING

13 AUTHORIZED.—Subparagraph (A) shall 

14 cease to apply to any special or incentive 

15 pay or bonus otherwise covered by that 

16 subparagraph with respect to a member if, 

17 during the term of the revived agreement 

18 of the member under subparagraph (A)(i), 

19 such pay or bonus ceases being authorized 

20 by law. 

21 ‘‘(C) REPAYMENT.—A member who is in22 eligible for payment of a special or incentive 

23 pay or bonus otherwise covered by this para24 graph by reason of subparagraph (B)(i)(II) 

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1 ment of such pay or bonus in accordance with 

2 the terms of the applicable agreement of the 

3 member under chapter 5 of title 37. 

4 ‘‘(D) REQUIRED SERVICE IS ADDI5 TIONAL.—Any service required of a member 

6 under an agreement covered by this paragraph 

7 after the member returns to active service as 

8 described in subparagraph (A) shall be in addi9 tion to any service required of the member 

10 under an agreement under subsection (c). 

11 ‘‘(4) TRAVEL AND TRANSPORTATION ALLOW12 ANCE.— 

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (B), a member who participates in a pro15 gram is entitled, while participating in the pro16 gram, to the travel and transportation allow17 ances authorized by section 474 of title 37 

18 for— 

19 ‘‘(i) travel performed from the resi20 dence of the member, at the time of release 

21 from active service to participate in the 

22 program, to the location in the United 

23 States designated by the member as the 

24 member’s residence during the period of 

25 participation in the program; and 


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1 ‘‘(ii) travel performed to the residence 

2 of the member upon return to active serv3 ice at the end of the participation of the 

4 member in the program. 

5 ‘‘(B) SINGLE RESIDENCE.—An allowance 

6 is payable under this paragraph only with re7 spect to travel of a member to and from a sin8 gle residence. 

9 ‘‘(5) LEAVE BALANCE.—A member who partici10 pates in a program is entitled to carry forward the 

11 leave balance existing as of the day on which the 

12 member begins participation and accumulated in ac13 cordance with section 701 of title 10, but not to ex14 ceed 60 days. 

15 ‘‘(g) PROMOTION.— 

16 ‘‘(1) OFFICERS.— 

17 ‘‘(A) IN GENERAL.—An officer partici18 pating in a program under this section shall 

19 not, while participating in the program, be eligi20 ble for consideration for promotion under chap21 ter 21 or 37 of this title. 

22 ‘‘(B) RETURN TO SERVICE.—Upon the re23 turn of an officer to active service after comple24 tion by the officer of participation in a pro25 gram— 


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1 ‘‘(i) the Commandant may adjust the 

2 date of rank of the officer in such manner 

3 as the Commandant shall prescribe in reg4 ulations for purposes of this section; and 

5 ‘‘(ii) the officer shall be eligible for 

6 consideration for promotion when officers 

7 of the same competitive category, grade, 

8 and seniority are eligible for consideration 

9 for promotion. 

10 ‘‘(2) ENLISTED MEMBERS.—An enlisted mem11 ber participating in a program shall not be eligible 

12 for consideration for advancement during the period 

13 that— 

14 ‘‘(A) begins on the date of the inactivation 

15 of the member from active service under the 

16 program; and 

17 ‘‘(B) ends at such time after the return of 

18 the member to active service under the program 

19 that the member is treatable as eligible for pro20 motion by reason of time in grade and such 

21 other requirements as the Commandant shall 

22 prescribe in regulations for purposes of the pro23 gram. 

24 ‘‘(h) CONTINUED ENTITLEMENTS.—A member par25 ticipating in a program under this section shall, while parVerDate Sep 11 2014 20:02 Jun 25, 2019 Jkt 034408 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3066.IH H3066

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1 ticipating in the program, be treated as a member of the 

2 Armed Forces on active duty for a period of more than 

3 30 days for purposes of— 

4 ‘‘(1) the entitlement of the member and of the 

5 dependents of the member to medical and dental 

6 care under the provisions of chapter 55 of this title; 

7 and 

8 ‘‘(2) retirement or separation for physical dis9 ability under the provisions of chapter 61 of title 10 

10 and chapters 21 and 23 of this title.’’. 

11 (b) CLERICAL AMENDMENT.—The analysis for such 

12 chapter is amended by inserting after the item relating 

13 to section 2513 the following: 

‘‘2514. Career flexibility to enhance retention of members.’’. 

14 SEC. 5. EMPLOYMENT ASSISTANCE. 

15 (a) IN GENERAL.—Subchapter I of chapter 27 of title 

16 14, United States Code, is amended by adding at the end 

17 the following: 

18 ‘‘§ 2713. Employment assistance 

19 ‘‘(a) IN GENERAL.—In order to improve the accuracy 

20 and completeness of a certification or verification of job 

21 skills and experience required by section 1143(a)(1) of 

22 title 10, the Secretary shall— 

23 ‘‘(1) establish a database to record all training 

24 performed by members of the Coast Guard that may 


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1 have application to employment in the civilian sector; 

2 and 

3 ‘‘(2) make unclassified information regarding 

4 such information available to States and other po5 tential employers referred to in section 1143(c) of 

6 title 10 so that State and other entities may allow 

7 military training to satisfy licensing or certification 

8 requirements to engage in a civilian profession. 

9 ‘‘(b) FORM OF CERTIFICATION OR VERIFICATION.— 

10 The Secretary shall ensure that a certification or 

11 verification of job skills and experience required by section 

12 1143(a)(1) of title 10 is rendered in such a way that 

13 States and other potential employers can confirm the ac14 curacy and authenticity of the certification or verification. 

15 ‘‘(c) REQUESTS BY STATES.—A State may request 

16 that the Secretary confirm the accuracy and authenticity 

17 of a certification or verification of jobs skills and experi18 ence provided under section 1143(c) of title 10.’’. 

19 (b) CLERICAL AMENDMENT.—The analysis for such 

20 chapter is amended by inserting after the item relating 

21 to section 2712 the following: 

‘‘2713. Employment assistance.’’. 

Æ 


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